TikTok, Instagram May Request Selfie to Verify Age Under Proposed NY Rules

Social-media companies could soon verify their users’ age in New York by requesting a selfie or a video, according to newly proposed regulations.

State Attorney General Letitia James’ office released a set of proposals Monday to implement the SAFE for Kids Act, providing a new window into how companies like TikTok, Instagram and Facebook can comply with the 2024 state law that sets restrictions on how the platforms present content to children and teens.

The law, which has not yet gone into effect, prohibits social-media companies from subjecting users under the age of 18 to addictive, algorithm-based feeds designed to keep them on the platform, unless a parent or guardian provides consent. It also prohibits the companies from providing those same users with push notifications from midnight to 6 a.m.

If finalized, James’ proposed rules would require the companies to verify a user is at least 18 years old in order to allow them to access an algorithmic feed — such as TikTok’s “For You” tab. The companies would be required to take steps to confirm or estimate a user’s age, such as verifying the user’s government-issued identification.

For users wary of sharing their ID, the companies would be required to provide at least one other option to confirm age — such as requesting a selfie or video that can be analyzed to estimate the users’ age, or by crosschecking a verified email address or phone number against other records or user history to infer their age.

The proposed rules do not mandate any specific type of age verification tool, but do require that whatever methods the company uses are subjected to regular testing for accuracy and meet specific standards.

“This is an issue that affects all of us, and I encourage parents, educators, young people, industry groups, and others to review the proposed rules and submit a comment during the public comment period,” James said in a statement.

Gov. Kathy Hochul signed the bill into law last year, arguing that addictive social-media feeds have had harmful effects on children and teens.

Under the law, users under the age of 18 would be shown a chronological feed on social-media sites with content only from accounts they follow. Under James’ proposals, it would apply to anyone who voluntarily identifies themselves as being under the age of 18, as well as those who refuse to submit to age verification or whose age verification shows they’re underage.

James’ proposed rules would apply to any social-media platform whose average monthly users spend at least 20% of their time on an “addictive feed,” defined as a feed of user-generated content that is tailored to a specific user’s activity.

The attorney general’s proposed rules are open to public comment through Dec. 1. From there, she has a year to finalize them. The law itself will take effect 180 days after the rules are finalized.

Story by By Jon Campbell/New York Public News Network

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